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Rule 16

(a) At all times, and particularly after an engagement, Belligerent Parties must, without delay, take all possible measures to search for and collect the wounded,  sick and shipwrecked, to protect them against pillage and ill-treatment, and to search for the dead and prevent their being despoiled.

[Commentary]

(b) The wounded, sick and shipwrecked must receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. No distinction may be made among them founded on any grounds other than medical ones.

[Commentary]

  1. This Rule is based on numerous provisions of the 1949 Geneva Conventions and of AP/I. The obligation to take all possible measures to search for, collect and protect the wounded, sick, shipwrecked and the dead is included in Art. 15 of GC/I;[232] Art. 18 of GC/II;[233] Art. 16 of GC/IV[234] and Art. 10 of AP/I.[235] Respect for the obligation to search for and collect the dead is a conditio sine qua non of respect for other rules of the law of international armed conflict concerning, e.g., the return of remains, decent burial and identification of the dead.

  2. For the application of Rule 16 (a) in the specific context of air or missile operations, see Rule 19.

  3. For the notion of “wounded”, “sick” and “shipwrecked”, see paragraph 12 of the Commentary on Rule 15 (b).

  4. The requirement set forth in Rule 16 (a) applies “at all times”. In practice, however, the ability of a Belligerent Party to perform the activities referred to Rule 16 (a) may be determined by such factors as the availability of search and collection capabilities, weather, terrain, and the constraints of any ongoing hostilities.

  5. Rule 16 (a) applies also in non-international armed conflict.

  1. Art. 15 of GC/I: “At all times, and particularly after an engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled. Whenever circumstances permit, an armistice or a suspension of fire shall be arranged, or local arrangements made, to permit the removal, exchange and transport of the wounded left on the battlefield. Likewise, local arrangements may be concluded between Parties to the conflict for the removal or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel and equipment on their way to that area.”

  2. Art. 18 of GC/II: “After each engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the shipwrecked, wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled. Whenever circumstances permit, the Parties to the conflict shall conclude local arrangements for the removal of the wounded and sick by sea from a besieged or encircled area and for the passage of medical and religious personnel and equipment on their way to that area.”

  3. Art. 16 of GC/IV: “The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect. As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and ill-treatment.”

  4. Art. 10 of AP/I (“Protection and care”): “(1) All the wounded, sick and shipwrecked, to whichever Party they belong, shall be respected and protected. (2) In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction among them founded on any grounds other than medical ones.”

  1. The obligation to provide medical care and attention to the wounded, sick and shipwrecked is based on Art. 12[236] and Art. 15[237] of GC/I; Art. 12[238] and Art. 18 of GC/II[239] ; Art. 16 of GC/IV[240] ; and Art. 10 of AP/I.[241]

  2. Rule 16 (b) applies to all wounded, sick, shipwrecked, and dead without adverse distinction. That is to say, there must be no prejudice against certain persons or categories of persons. In particular, distinctions founded on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, are prohibited. See Art. 12 of GC/I;[242] Art. 12 of GC/II[243] and Art. 10 of AP/I.[244]

  3. The obligations under Rule 16 (b) are obligations of conduct and not of result. Each Belligerent Party must use its best efforts to implement these obligations, including acceptance of assistance offered by impartial humanitarian organizations when circumstances permit (see Rule 19 (c)).

  4. The “wounded”, “sick” and “shipwrecked” referred to in Rule 16 (b) encompass not only (i); combatants; and (ii) civilians taking a direct part in hostilities; but also (iii) ordinary civilians.

  5. Wounded and sick must be exclusively treated on the basis of medical priority rather than any other criterion. Thus, priority as regards air evacuation from a battlefield has to be given to enemy wounded and sick combatants if they are in more urgent need of medical assistance. Urgency of treatment is typically determined through triage.

  6. Rule 16 (b) applies also in non-international armed conflict.

  1. Art. 12 of GC/I: “Members of the armed forces and other persons mentioned in the following Article, who are wounded or sick, shall be respected and protected in all circumstances. They shall be treated humanely and cared for by the Party to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created. Only urgent medical reasons will authorize priority in the order of treatment to be administered. Women shall be treated with all consideration due to their sex. The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as far as military considerations permit, leave with them a part of its medical personnel and material to assist in their care.”

  2. Art. 15 of GC/I, see fn. 232.

  3. Art. 12 of GC/II: “Members of the armed forces and other persons mentioned in the following Article, who are at sea and who are wounded, sick or shipwrecked, shall be respected and protected in all circumstances, it being understood that the term “shipwreck” means shipwreck from any cause and includes forced landings at sea by or from aircraft. Such persons shall be treated humanely and cared for by the Parties to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created. Only urgent medical reasons will authorize priority in the order of treatment to be administered. Women shall be treated with all consideration due to their sex.”

  4. Art. 18 of GC/II, see fn. 233.

  5. Art. 16 of GC/IV: “The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect. As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and ill-treatment.”

  6. Art. 10 of AP/I (“Protection and Care”): “1. All the wounded, sick and shipwrecked, to whichever Party they belong, shall be respected and protected. 2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction among them founded on any grounds other than medical ones.”

  7. Art. 12 of GC/I, see fn. 236.

  8. Art. 12 of GC/II, see fn. 238.

  9. Art. 10 of AP/I, see fn. 241.

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